Terms of service

Terms of service

Web Hosting Agreement

This Web Hosting Agreement (this “Agreement”) is between Central Hosting, a sole trader formed under the laws of the Republic of Ireland with its principal office at Unit 1, Hillcourt Summerhill Road, Dunboyne, Co. Meath, Ireland and the person (individual or legal person) whose signs Central Hosting Ireland’s service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”).   This Agreement governs Customer’s use of Central Hosting Ireland’s Web hosting service.

Table of Contents
1. Services
2. Term
3. Payments
4. Law/AUP
5. Customer Information
6. Indemnification
7. Warranties Disclaimer
8. Liability (Limitation of Damages)
9. Suspension of Services/Termination
10. Request for Customer Information
11. Back Up Copy
12. Changes to Network
13. Notices

Miscellaneous

Whereas:

(1) Central Hosting Ireland offers website hosting services to clients using all appropriate hardware providers connected to the World Wide Web via the internet.

(2) Customer wishes to use Central Hosting Ireland’s Service to host the Customer’s Website and/or selected internet services under the terms and conditions of this Agreement.

Customer’s access to and use of the Service constitutes the Customer’s acceptance and agreement to be bound by these terms and conditions.

It is agreed as follows:

 

1.         Services.

Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Central Hosting Ireland’s credit approval requirements, Central Hosting Ireland agrees to provide the web hosting services described in the Order for the fees stated in the Order.

2.         Term.

The initial service term of the Agreement shall begin on the date that Central Hosting generates an e-mail message to Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”).  Upon expiration of the Initial Term, this Agreement shall automatically renew for up to three successive renewal terms of the same length as the Initial Term (each a “Renewal Term”) unless Central Hosting or Customer provides the other with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable.  The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term.”

3.         Payments.

(a)        Fees.

Fees are payable in advance on the first day of each billing cycle.  Customer’s billing cycle shall be monthly or annually as indicated on the Order, beginning on the Service Commencement Date. Central Hosting may require payment for the first billing cycle before beginning service.  If the Order provides for credit/debit card billing, Customer authorizes Central Hosting to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Central Hosting will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order.  Invoiced fees may be issued on or before the 1st day of each billing cycle, and the fees shall be due on the 14th day following invoice date, but in no event earlier than the first day of each billing cycle.

Payments must be made in Euro. The customer is responsible for providing Central Hosting with changes to billing information (such as credit card expiration, change in billing address)   At its option, Central Hosting may accrue charges to be made to a credit/debit card until such charges exceed €10.00.  Central Hosting may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum non-usurious rate under applicable law.  Central Hosting may suspend the service without notice if payment for the service is overdue.  Fees not disputed within sixty (60) days of due date are conclusively deemed accurate.  Customer agrees to pay Central Hosting Ireland’s reasonable reinstatement fee following a suspension of service for non-payment, and to pay Central Hosting Ireland’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

(b)        Fee Increases. Central Hosting may increase its fees for services effective the first day of a Renewal Term by giving notice to Customer of the new fees at least forty five (45) days prior to the beginning of the Renewal Term, and if Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

(c)       Taxes.  At Central Hosting Ireland’s request Customer shall remit to Central Hosting all sales, VAT or similar tax imposed on the provision of the services (but not in the nature of an income tax on Central Hosting), regardless of whether Central Hosting fails to collect the tax at the time the related services are provided.

            (d)        Early Termination.  Customer acknowledges that the amount of the fee for the service is based on Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable.  In the event Central Hosting terminates the Agreement for Customer’s breach of the Agreement in accordance with Section 9(Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for Central Hosting Ireland’s breach, the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day following termination of the Agreement.

4.         Law/AUP.  Customer agrees to use the service in compliance with applicable law and Central Hosting Ireland’s
terms of service.  Customer agrees that Central Hosting may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Customer’s use of the Services.  Amendments to the AUP are effective on the earlier of Central Hosting Ireland’s notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment.  Customer agrees to cooperate with Central Hosting Ireland’s reasonable investigation of any suspected violation of the AUP.  In the event of a dispute between Central Hosting and Customer regarding the interpretation of the AUP, Central Hosting Ireland’s commercially reasonable interpretation of the AUP shall govern.

5.         Customer Information. The customer represents and warrants to Central Hosting that the information he, she or it has provided and will provide to Central Hosting for purposes of establishing and maintaining the service is accurate.  If Customer is an individual, Customer represents and warrants to Central Hosting that he or she is at least 18 years of age. Central Hosting may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.

6          Indemnification. Customer will fully indemnify Central Hosting against all costs, expenses, liabilities, losses, damages and judgments that Central Hosting may incur or be subject to as a result of any of the following:
Customer’s misuse of the Service;
Customer’s breach of this Agreement;
Customer’s negligence or other act of default;
The Activities of third parties conducted on Customer’s website using facilities such as blogs, forums and chat.

7.         Warranty Disclaimer

Subject to the provisions of this Agreement, Central Hosting gives no warranty, express or implied, in connection with the Service as to fitness for purpose, quality, non-infringement or merchantability.

8.         Liability

Central Hosting shall not be liable to Customer or to third parties for:
Any losses resulting from interruptions or downtime to the Service;
Any inability, on the part of Customer, to use the Service;
Any damage or loss resulting from the loss of confidentiality caused by the storage of information on the internet.
Nothing in this Clause shall exclude the liability of Central Hosting for death or personal injury resulting from Central Hosting Ireland’s negligence or that of its employees or agents.
Nothing in this Clause or in this Agreement shall exclude the liability of Central Hosting for fraudulent misrepresentation.

9.         Suspension/Termination.

(a)        Suspension of Service.  Customer agrees that Central Hosting may suspend services to Customer without notice and without liability if: (i) Central Hosting reasonably believes that the services are being used in violation of the AUP;  (ii)  Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Central Hosting reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency.  Customer shall pay Central Hosting Ireland’s reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.

(b)        Termination.  The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Central Hosting fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail.  The Agreement may be terminated by Central Hosting prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:  (i)  upon ten (10) day’s notice if Customer is overdue on the payment of any amount due under the Agreement;  (ii)  Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Central Hosting describing the violation in reasonable detail; (iii) upon one (1) day’s notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) day’s notice if Customer violates Section 5 (Customer Information) of this Agreement.  Either party may terminate this agreement upon ten (10) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.

10.       Requests for Customer Information.  Customer agrees that Central Hosting may, without notice to Customer, (i)  report to the appropriate authorities any conduct by Customer or any of Customer’s customers or end users that Central Hosting believes violates applicable law, and (ii)  provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

11.       Back Up Copy.  Customer agrees to maintain a current copy of all content hosted by Central Hosting not with standing any agreement by Central Hosting to provide backup services.

12.       Changes to Central Hosting Ireland’s Network.  Upgrades and other changes in Central Hosting Ireland’s network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer’s hosted content and/or applications.  Central Hosting reserves the right to change its network in its commercially reasonable discretion, and Central Hosting shall not be liable for any resulting harm to Customer.

13.       Notices.  Notices to Central Hosting under the Agreement shall be given via electronic mail to the e-mail address posted  for customer support on https://www.chireland.com/contact.html. Notices to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order.  Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered.  Customer may change his, her or its notice address by a notice given in accordance with this Section.